Senate President Francis Escudero said Tuesday he does not see the need for the Philippines to rejoin the International Criminal Court (ICC) since its justice system is still functioning.

“Actually, I don't feel strongly about it really, for or against, simply because under the treaty itself the ICC only comes in when our own justice system does not work,” Escudero said at a forum.

“Given all of this stuff right now, the efficacy of the ICC, with respect to investigations and implementations of warrants of arrest, I'm not prepared to admit and say that our justice system does not work. It is working. So, I question the efficacy, usefulness, and jurisdiction of the ICC in our country without anything to do with the Dutertes. Just from the point of view of being a lawyer, I am not prepared to make that assumption. I am not prepared to concede that as a fact that our justice system does not work,” he added.

Escudero explained that only the President could decide if the Philippines would rejoin the ICC and the Senate would only concur his decision.

The ICC is investigating former president Rodrigo Duterte and Senator Ronald Dela Rosa, who served as the Philippine National Police (PNP) chief during his term, for the supposed crimes they committed during the previous administration’s war on drugs.

President Ferdinand Marcos, Jr. has reiterated several times that the government would not help the ICC in its probe of the previous administration’s war on drugs since the Philippines withdrew from the Rome Statute in 2019.

The PNP has also previously announced that if the ICC issues arrest warrants against Duterte and Dela Rosa, they would not enforce them since the country is no longer under its jurisdiction.

Escudero said that arrest warrants released by the ICC would only be implemented if the local courts enforce them.

“We will cross the bridge when we get there. But at this point in time, given that we're not a member of the ICC, I'm not aware of the legal efficacy of such a warrant here in our country. Unless they seek the help of local courts to enforce it. Any order or decision of the local court, we will follow but not one solely released by the ICC at this point in time,” he said. Jaspearl Tan/DMS